Easement by Necessity

Definition: An easement by necessity is an access right arising when the legal requirements for necessary access are met. Florida recognizes distinct common-law and statutory routes.

Example

An owner divides land so that an interior parcel has no reasonable, practicable access except across the other parcel.

Keep the distinction clear

Necessity is not mere convenience. Prior ownership, the circumstances of severance, available access, and statutory requirements affect the claim.

Related terms

Landlocked Property · Easement · Easement Appurtenant

Keep studying

Easements: Appurtenant, In Gross, Necessity, and Termination

References: Florida Statutes 704.01: ways of necessity

Pronunciation (US): EEZ-muhnt by nuh-SES-uh-tee (capitals show stress)

Pronunciation reference: Merriam-Webster